Uttarakhand High Court
Nazim vs State Of Uttarakhand on 23 August, 2022
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Short Term Bail Application No.13 of 2022
Nazim ........Applicant
Versus
State of Uttarakhand ........Respondent
Present:-
Mr. Nalin Saun, Advocate for the applicant.
Ms. Pushpa Bhatt, D.A.G. for the State.
Hon'ble Ravindra Maithani, J. (Oral)
Applicant Nazim is in judicial custody in FIR/Case Crime No.346 of 2019, under Sections 419, 420, 467, 468, 471, 120-B IPC, Police Station Sahaspur, District Dehradun. He has sought short term bail on the ground of his illness.
2. Heard learned counsel for the parties and perused the record.
3. Applicant Nazim was enlarged on short term bail on 23.05.2022 on the ground that he has been diagnosed with left sided Hemiparesis with right Thrombosis CVA. At that time, the doctors from District Jail had reported that the applicant was unable to do day to day routine activities properly and was dependent on an attendant for the same.
4. Now, a second short term bail application has been filed.
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5. Yesterday, the Court had requested learned State Counsel to get a report from the District Jail, Dehradun, so as to indicate the clinical symptoms as well as the diagnosis and the treatment which is to be given as per the Medical Report.
6. Learned Counsel for the applicant would submit that the applicant is suffering with Hemiparesis; it is a kind of paralysis; his muscles of the left part of the body are not working properly; he should be enlarged on short term bail for a period of 10 weeks so that he may ensure his treatment.
7. Learned State Counsel confirms that the applicant is suffering with Hemiparesis. Although, according to her, the clinical symptoms and about treatment nothing specific has been given. She would submit that, according to the Medical Report, the general condition is stable.
8. The instruction, which is received are definitely vague. They are not in accordance with the request, which the Court had made on 22.08.2022. The clinical symptoms have not been disclosed. The treatment, that is to be given, is not disclosed.
9. Be it as it may. It is admitted that the applicant is suffering with Hemiparesis.
10. Having considered, without adverting to the merits of the case, purely on the humanitarian ground, this Court is 3 of the view that the applicant may be enlarged on short term bail for a period of 10 weeks from the date of his release.
11. Let the applicant Nazim be released on short term bail for a period of 10 weeks from the date of his release, on his executing a personal bond of Rs. 20,000/-. The personal bond may be executed in the Jail itself and the applicant be released and information be given to the court concerned.. It is further directed that on expiry of 10 weeks, the applicant shall surrender before the court concerned and intimation to this effect shall also be given to this Court.
12. The second short term bail application stands disposed of.
13. Let a copy of this order be sent to the CJM, Dehradun, through e-mail for ensuring compliance.
(Ravindra Maithani, J.) 23.08.2022 Ravi Bisht